Second Circuit: Second Amendment doesn't apply to states

So rules the United States Court of Appeals for the Second Circuit (which includes New York), in the case of Maloney v. Cuomo. From CrimProf Blog via Reason Magazine:

The Second Amendment guarantee of the right to bear arms does not apply to override state firearms bans, the U.S. Court of Appeals for the Second Circuit declared Jan. 28. Under the incorporation doctrine, only certain provisions of the Bill of Rights apply to the states, and the Second Amendment is one of those that does not, the Second Circuit held (Maloney v. Cuomo, 2d Cir., No. 07-0581-cv, 1/28/09).

The statute at the center of this case, N.Y. Penal Law §265.01(1), provides criminal penalties for possession of a broad range of items, including weapons used in martial arts. The plaintiff was charged under the statute after police found fighting sticks, or nunchaku, in his home. He ended up pleading guilty to a different charge and then filed a lawsuit against the county prosecutor and others seeking a declaration that the law offends his Second Amendment right to bear arms.

The appeal court's opinion is available here.

As the Reason article notes, the next court to consider whether the Second Amendment apples to the states will likely be the San Francisco-based Ninth Circuit, when it renders its decision in the long-running Nordyke case.